Monitoring and implementation
The lack of accurate data on statelessness and the detention of stateless people or those at risk of statelessness is hampering the ability of governments and other bodies to monitor whether they are meeting their duties and obligations under international law. It is silencing the voices of some of the most marginalised men, women and children in Europe’s communities. It is undermining the fairness and effectiveness of immigration law, policy and practice in the region. The failure of immigration regimes to comprehend and accommodate the phenomenon of statelessness, identify stateless persons and ensure that they do not directly or indirectly discriminate against them is resulting in people being punished for their statelessness.
To begin to tackle the issues highlighted by this project and take action towards affecting the changes outlined here, authorities must improve how they record and report on statelessness, and build transparency and accountability into the operation of immigration removal and detention procedures.
- Statelessness must be recorded accurately, disaggregated, and reported on in official statistics.
- There should be independent oversight of immigration detention in Europe by actors such as UN agencies, prison monitoring bodies, national human rights institutions, and NGOs.
- Immigration authorities should provide detainees with visiting rights and ensure that detention centres are accessible to family, legal representatives, support workers and community members.
"They said, prove that you're stateless with documents. Once I showed them documents they said, a stateless persons wouldn't have these."Mohammed is a stateless Bidoon from Kuwait. He arrived in the Netherlands with a false passport, hoping to escape the utter exclusion faced by the Bidoon community in his home country. Despite his statelessness being well-established, Mohammed spent two months in detention at the border and a further eight months in a ‘freedom-restricting location’. It is unclear how his nationality status was recorded by the authorities and what procedures were in place to identify and monitor Mohammed’s suitability for detention.